Study New Guide on Science Info for MDs: Attorneys

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Writing in National Law Review, three Epstein Becker Green attorneys say medical product manufacturers should study an FDA 2023 draft guidance on sharing scientific information with healthcare providers on unapproved uses of medical products “to mitigate potential risk in navigating the often murky regulatory waters of engaging in off-label and pre-approval communications.” The attorneys say the 2023 draft supersedes a 2014 draft that revised a 2009 final guidance.

All the guidances provide recommendations for the industry about communications to share scientific information on unapproved uses (SIUU). “In the 2023 guidance,” the attorneys write, “FDA seeks to balance the interests of HCPs in learning, and manufacturers in sharing, truthful and non-misleading information about unapproved uses of approved medical products…. While the 2023 draft guidance reiterates many of the recommendations from the 2014 draft guidance, the 2023 draft guidance leverages a new question-and-answer format to provide firms with more detailed and specific recommendations, including hypothetical scenarios, around SIUU communications.”

The article lists things firms should do and not do under these four questions:

  • the things firms should consider when determining whether a source publication is appropriate to serve as the basis for an SIUU communication;
  • the information that firms should include as part of SIUU communications;
  • the presentational considerations firms should take into account for SIUU communications; and
  • additional recommendations that apply to specific types of SIUU communications.

The attorneys say that companies that are complying with the 2014 draft guidance shouldn’t have too much difficulty in adjusting their activities to align with the new guidance.

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